Campion v. McLeod

Frankum, Judge.

1. This was a suit for damages for trespass to realty by the cutting of timber. It was brought by a remainderman against one who purchased from a life tenant in possession. Under the theory on which the case was tried, the only question on which the defendant’s liability depended was whether the tenant had authority in the exercise of her rights under her life estate tenancy to sell the timber in question. She could rightfully cut only such timber as she needed for firewood or for making repairs to the premises or such as was necessary to clear up land for cultivation, Smith v.…